Posted on 05/01/2015 11:08:08 AM PDT by ThethoughtsofGreg
Have you ever accidentally downloaded malware? Under proposed amendments to the Federal Rules of Criminal Procedure, the malware on your computer may provide the Federal Bureau of Investigation the justification it needs to load its own surveillance software onto your computer, without notifying you.
The FBI may be able to obtain warrants from any federal district court to search any computer in the United States. Once a warrant is issued, it can load its own software onto a target computer, copy files found on the computer, and wait to notify the target until after the search is complete.
The government is trying to update the Rules to provide for “remote access” warrants. The updates would allow the FBI to download its surveillance software onto a computer “to search electronic storage media and seize or copy electronically stored information.”
(Excerpt) Read more at americanlegislator.org ...
Penumbra of the fourth amendment I’m guessing.
For your tech Ping list.
Just when I start thinking it can’t get more insane, it does. Constitution? What COnstitution? We don’t need no steenking bill of rights.
Even if a bill was passed by congress and signed by the president this RULE is tyranny.
Article V folks, before we can’t.
CWII Spark Ping — malware on your computer may provide the F.B.I. the justification it needs to load its own surveillance software onto your computer, without notifying you.
may provide the F.B.I. the justification it needs to load its own surveillance software onto your computer —
OK, just what does this imply?
The FBI is monitoring (everyone?) and can load (force) software onto my computer? [I operate in User mode, not Admin mode.]
How does the FBI monitor 350 million people?
Maybe we can keep them busy ... white noise ... chasing their tail?
If they are looking for Access, Excel, or Word files, good luck! I have not used any major word-processing, database, accounting, OUTLOOK/thunderbird or spreadsheet programs since before 2009.
It’s all pen and ink on paper in books.
Now, if they wish to see the old-fashioned ‘dot txt or rtf or pdf’ files, or all my cooking videos, have fun!
BTW, I run 2 different malware programs, too.
-PJ
The relentless march to a totalitarian state.
Nice idea. However...
The courts will be much less willing to stretch the constitution (a “living document”) to protect rights that Conservatives value (monitors in private computers == quartering soldiers) than they were to stretch the “living document” to protect rights that Liberals value (pornography == free speech, abortion == privacy).
The Supreme Court already ruled that agents of the state ARE covered by the 3rd amendment. We just have to argue that these computer malware are the 21st century version of virtual agents of the state. After all, this thread is about updating the rules for modern realities.
From Wikipedia Third Amendment to the United States Constitution :
The Third Amendment has been invoked in a few instances as helping establish an implicit right to privacy in the Constitution. Justice William O. Douglas used the amendment along with others in the Bill of Rights as a partial basis for the majority decision in Griswold v. Connecticut (1965), which cited the Third Amendment as implying a belief that an individual's home should be free from agents of the state.
-PJ
As if they need a justification or excuse. My late father’s sole job at Southern Bell circa 1968-71 was tapping phones for the FBI, drug enforcement and local/state police from the frame. He was not the only one doing that, by a long shot and there were 4 shifts.
Your thinking is clear on this, and your idea has merit.
I apologize, I’m in a bad mood today. Baltimore.
In my opinion, you’re on to something.
In any event, spyware from the government would surely beget anti-spyware from the private sector. Are they going to make that illegal? If the courts rule that it is illegal to undertake the removal of government spyware from your computer, will it also be illegal to cover up the lenses of government-installed cameras in your bedroom?
The list, Ping
Let me know if you would like to be on or off the ping list
Samuel Morse, Thomas Edison and Alexander Graham Bell all played along with the government.
These LIEberal/Socialist/Marxist/Fascist assholes get up every day and resume their perfidious plotting to destroy the US Constitution and the USA!
The great flowering of American leadership lasted FRom 1945 until 1993. Been downhill ever since! Glad I was able to participate, because until and unless there is a HUGE shift in public opinion, the USA as a FRee country is doomed!
Hate to be so negative, as I am usually a positive person, but I have to tell y’all that I am not seeing a bright future for the USA.
We could still pull our chestnuts out of the fire, but with the kind of opposition to the Constitution I see daily, not without some kind of earth-shaking event!
-PJ
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